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Wednesday, March 11, 2009

> Perak Speaker files suit against EC, three assemblymen


Perak State Legislative Assembly Speaker V. Sivakumar has sought a judicial review against three independent assemblymen and the Election Commission (EC).
 
He filed the suit personally at the High Court (Appellate and Special Powers Division) Registry at 3.40pm here today.
 
He told reporters that the House had received resignation letters on Feb 1 from Cangkat Jering Assemblyman Mohd Osman Mohd Jailu and Jamaluddin Mohd Radzi of Behrang and another letter two days later from Jelapang's Hee Yit Foong.
 
"I had furnished the three resignation letters to the EC together with a letter stating that the three assemblymen had tendered their resignation and I had applied to the EC to hold elections within 60 days but unfortunately, I later received a letter from the EC saying that the decision was in doubt despite I having the power as the Speaker and my application was rejected and the elections were not called for the three state seats," he said.
 
He said that the situation showed some overlap of powers existed and he came to the court to get justice.
   
In the suit, he named Jamaluddin as the first respondent, Osman second, Hee third and the EC fourth.
 
Sivakumar sought a writ of "quo warranto" to compel the three assemblymen to show grounds and give information how and on what grounds or powers or authorities they were still representatives of the constituencies and could carry out the responsibilities, functions and duties of assemblymen.
 
He also sought a declaration that the Behrang, Changkat Jering and Jelapang seats vacant following the resignations of Jamaluddin, Osman and Hee, and an injunction to stop them from acting and carrying out the functions and duties of assemblymen.  
 
He also wanted the court to grant a certiorari against the EC to review its decision not to hold by-elections for the three state seats and a mandamus to force the EC to hold the by-elections.
 
Sivakumar who is Tronoh Assemblymen also sought punitive, aggravated and exemplary damages payable to him and other reliefs.
 
Meanwhile, three voters from the three state constituencies -- Ahmad Sabri Wahab, Abdul Latip Afiffin and Foo Hong Wai -- and three assemblymen, namely A. Sivanesan (DAP-Sungkai), Tai Sing Ng (Parti Keadilan Rakyat-Kuala Sepetang) and Cheng Fook Chye (DAP-Keranji) also filed similar suits against the three independent assemblymen and the EC through Messrs Chooi & Co - Bernama.